Communication to the Aarhus Convention Compliance Committee Concerning compliance by Georgia with the provisions of the Convention in connection with decision-making on long-term licenses for forest resources use (Ref. ACCC/C/2008/35)
The Forest Code of Georgia
TITLE I. GENERAL PROVISIONS
CHAPTER I. GENERAL PROVISIONS
Article 1. Legal Grounds Established by the Forest Code
The Forest Code of Georgia establishes legal grounds for conducting tending, protection, restoration, and use of the Georgian Forest Fund and its resources.
Article 2. Georgian Legislation Regulating Tending, Protection, Restoration, and Use of the Georgian Forest Fund
Georgian legislation regulating tending, protection, restoration and use of the Georgian Forest Fund is comprised of the Constitution of Georgia, international agreements and treaties ratified by Georgia, as well as the laws of Georgia “On Environmental Protection”, “On the System of Protected Areas”, “On Animal Wildlife”, and “On Water”, as well as land legislation, this Code, and other normative acts.
Article 3. Goals of the Forest Code of Georgia
Following are the goals of the Forest Code of Georgia:
a) protecting human rights and law enforcement in the field of forest relations;
b) conducting forest tending, protection, and restoration with the purpose of conserving and improving climate-regulating, recreational, and other useful natural properties of forests;
c) conserving and protecting unique natural and cultural environment and its specific components - flora and fauna inclusive, biodiversity, landscape, cultural and natural monuments located in forests, and the endangered plant species; regulating harmonized interrelations between these components;
d) setting rights and obligations of forest users;
e) meeting environmental, economic, social, and cultural needs of population through providing access to the forest resources in the scope compatible with scientifically defined allowable norms;
f) defining main principles of forest management.
Article 4. Principles of Protection, Sustainable Development, and Management of the Forests of Georgia
Principles of protection, sustainable development, and management of the forests of Georgia are based on the Georgian Constitution, the Declaration on Forest Principles of Sustainable Development adopted at the United Nations Environmental Summit in Rio de Janeiro, 1992, and Article 5 of the Georgian law “On Environmental Protection”.
Article 5. Definition of Terms Used in This Code
Terms used in this Code have the following meaning:
a) Forest - a part of geographical landscape, comprising trees attributed to forest by Georgian legislation, land under these trees, as well as shrubs, grass, animals, and other components biologically linked in the process of their development, affecting each other and the environment.
b) State Forest forest owned by the State;
c) Georgian Forest Fund integrity of forests and their resources owned by the State Forest Fund and forests under different types of ownership;
d) State Forest Fund integrity of State Forests of Georgia, as well as lands and resources attributed to these forests;
e) Usable State Forest Fund the State Forest Fund excluding protected areas of the State Forest Fund;
f) Local Forest Fund a part of the Usable State Forest Fund legally regulated by the local governing and self governing bodies in accordance with this Code and Georgian legislation;
g) Secondary Wood Products - roots, bark, branches, brushwood, stumps, and seeds of wood species;
h) Forest Relations relations emerging during forest management and forest use;
i) Forest User a person authorized for forest use by Georgian legislation;
j) Forest Inventory an integral part of the State Forest Fund registry system;
k) Cutting Area a particular area of the Georgian Forest Fund with the quantity of trees allocated for felling defined and trees designated for felling marked;
l) Thinning forest management activity carried out for improving species composition, structure, and sanitary condition of forest;
m) Illegal Felling cutting trees without permission;
n) Stand a forest area distinctly differing from the adjacent territories with its composition and structure;
o) Forest Plantation stand of seeded or planted wood species;
p) Open Stand stand of forest plantations created for afforestation purposes with branches not grown together yet;
q) Protective Forest Zone stand of forest plantations planted for the purpose of soil protection;
r) Forest District territory of the State Forest Fund separated out for the purposes of better management;
s) Timber Production felling, primary transportation to an automobile road, and grading of trees;
t) State Commission on Land Use and Protection State Commission on Land Use and Protection created according the Presidential order #160 of February 6, 1996 on The State Commission on Land Use And Protection;
u) Subalpine Stripe of Forest forested area of 300 meters in width adjacent to the subalpine forest zone;
v) Floodplain Forest forest located on the river floodplains;
w) Underbrush integrity of wood and shrub species not in the position to form the canopy of a stand;
x) Certification verification conformance of ecological condition of the forest, its resources, and forest management with the international standards by a competent physical or legal body.
CHAPTER II. OBJECTS AND SUBJECTS OF FOREST RELATIONS
Article 6. Objects of Forest Relations
The Georgian Forest Fund and its resources are objects of forest relations.
Article 7. The State As a Subject of Forest Relations
1. In all legal affairs concerning the Georgian Forest Fund, the State of Georgia is represented by the Ministry of Environment, the State Department of Forestry, the State Department of Protected Areas, Natural Reserves and Hunting Ranges, and their regional offices as well as local governing and self governing bodies.
2. Rights of the entities representing the State of Georgia in the legal affairs concerning the State Forest Fund are defined by this Code and other Georgian legislation.
Article 8. Other Subjects of Forest Relations
Other subjects of forest relations are owners of the Georgian Forest Fund, the Patriarchy of Georgia as well as physical and legal bodies using the Georgian Forest Fund and its resources or carrying out forest management.
CHAPTER III. PROPERTY RIGHTS TO THE FORESTS OF GEORGIA
Article 9. Property Rights to the Forests of Georgia
1. Property rights to the Georgian Forest Fund may be held by the State, by the Patriarchy of Georgia, by a physical or legal body of the private law.
2. The Georgian State Forest Fund is the State property and its privatization is regulated by the law of Georgia “On the Privatization of Georgian Forests”.
3. The State Forest Fund and its resources (excluding forests privatized in accordance with Georgian legislation) are allocated for ownership and use in accordance with Georgian legislation.
Article 10. General Rights and Obligations of Forest-Owning Physical Bodies and Legal Bodies of the Private Law
1. Following are the general rights and obligations of the forest-owning physical bodies and legal bodies of the private law:
a) using the owned forest in accordance with Georgian legislation;
b) terminating illegal use or ownership of the forest or areas of the forest owned by these bodies in accordance with Georgian legislation and demanding reimbursement of costs for damage if done through these illegal actions;
c) hiring professionals, consultants and other personnel, guards inclusive, for managing the owned forest in the minimal quantity defined by Georgian legislation;
d) conducting forest protection measures against pests, diseases, fire, and all other adverse effects for terminating and liquidating these factors;
e) disposing of the owned forest in accordance with this Code and Georgian legislation;
f) submitting information on the condition of the owned forest and other required statistical information to the authorized State entities;
g) rationally manage the owned forest;
h) creating favorable working conditions for the State officials, submitting them all requested documents on forest management, conforming to all lawful directions and requests of these officials.
2. The rights of the Patriarchy of Georgia to the forests owned by the Patriarchy are defined in an agreement signed between the State of Georgia and the Patriarchy in conformance with this Code and Georgian legislation.
TITLE II. MANAGEMENT OF THE STATE FOREST FUND
CHAPTER IV. GENERAL PROVISIONS FOR MANAGEMENT OF THE STATE FOREST FUND
Article 11. Competence of the Executive Bodies of Georgia in the Management of the State Forest Fund
Competence of the executive bodies of Georgia in the management of the State Forest Fund covers the following:
a) making and implementing policy for management of the State Forest Fund;
b) coordinating management of the State Forest Fund;
c) organizing and regulating forest tending, protection, restoration, and use; providing State control and authorizing entities for carrying it out; setting rules for issuing documents authorizing forest use;
d) setting rules for carrying out forest tending, protection and restoration as well as for importing and exporting forest resources;
e) implementing standardized scientific and technical policy for managing the State Forest Fund; elaborating and approving normative and methodological documents; organizing and financing fundamental scientific research work;
f) restoring forests damaged by environmental disasters, epidemics, and other causes;
g) maintaining list of endangered species (Red Book);
h) organizing the State Forest Fund registry system, setting rules for forest monitoring and for maintaining the State Forest Cadastre;
i) signing international agreements and treaties on forest tending, restoration, and the use of forest resources;
j) keeping control for use of the biological and chemical means of forest protection;
k) setting rules for forest use;
l) financing forest tending, protection, and restoration as well as monitoring expenditures on these activities;
m) setting rules for restricting, suspending, and terminating rights for forest use.
Article 12. Competence of the Executive Bodies of the Autonomous Republics of Abkhazeti and Achara in the Management of the State Forest Fund
Competence of the executive bodies of the Autonomous Republics of Abkhazeti and Achara in managing the State Forest Fund covers the following:
a) participating in elaboration of State programs for forest tending, protection, restoration and use;
b) planning and implementing forest tending, protection, restoration and use on the local level;
c) participating in financing of forest tending, protection and restoration, as well as monitoring expenditures for these activities;
d) issuing licenses and signing contracts in accordance with this Code;
e) submitting requests for restricting, suspending, or terminating rights for forest use to the relevant executive bodies of Georgia;
f) participating in emergency response measures against the natural disasters;
g) submitting request for changing boundaries of the State Forest Fund to the relevant authorized State entities.
Article 13. Competence of the Local Governing and Self Governing Bodies in the Management of the Local Forest Fund
Competence of the local governing and self governing bodies in managing the Local Forest Fund covers the following:
a) supporting forest tending, protection, restoration, and forest fire fighting activities;
b) developing programs for conducting forest tending, protection, and restoration in agreement with the authorized State entities and providing support in implementation of these programs;
c) participating in financing of programs for conducting forest tending, protection, and restoration, as well as monitoring expenditures for these activities;
d) issuing permit for the local forest use
e) submitting requests for restricting, suspending, or terminating rights for forest use to the authorized State entities;
f) participating in emergency response measures against the natural disasters;
g) ensuring public environmental education;
h) submitting requests for changing boundaries of the State Forest Fund to the relevant authorized State entities;
i) using other rights granted by Georgian legislation.
CHAPTER V. INSTITUTIONAL GOVERNANCE OF THE STATE FOREST FUND
Article 14. Categorization of the State Forest Fund by the Types of Institutional Governance
Following are the categories of the State Forest Fund according to the types of institutional governance:
a) the protected areas of the State Forest Fund, comprising areas of the State Forest Fund allocated for protection in accordance with the law of Georgia “On the System of Protected Areas”;
b) the Usable State Forest Fund, including the Local Forest Fund.
Article 15. Governance of the Protected Areas of the State Forest Fund
The State Department of Protected Areas, Natural Reserves and Hunting Ranges manages the protected areas of the State Forest Fund in accordance with the law of Georgia “On the System of Protected Areas”, this Code, and other normative acts of Georgia.
Article 16. Governance of the Usable State Forest Fund
1. The State Department of Forestry manages the Usable State Forest Fund, excluding the Local Forest Fund, in accordance with this Code and other normative acts of Georgia.
2. The State Department of Forestry is authorized to establish a legal body of public law in accordance with Georgian legislation with the purpose of carrying out responsibilities set for the Department by this Code and other normative acts of Georgia.
3. Local governing and self governing bodies manage Local Forest Fund through the appropriate services as authorized by Georgian legislation and in accordance with this Code.
4. The rights of local governing and self governing bodies for managing the Local Forest Fund as well as rules for separating the Local Forest Fund out from the State Forest Fund are defined in the Presidential decree “On the Rights of Local Governing and Self Governing Bodies for Managing the Local Forest Fund and the Rules for Separating the Local Forest Fund from the State Forest Fund”.
Article 17. Governance of the Designated Areas of the State Forest Fund
1. Designated areas of the State Forest Fund allocated for a particular need of the State are managed by the Patriarchy of Georgia or a State institution jointly with a relevant authorized entity defined in Articles 15 or 16 of this Code in accordance with Georgian legislation.
2. Based on the justified proposal of a State institution and/or authorized entities defined in Articles 15 or 16 of this Code, the President of Georgia sets a designated area of the State Forest Fund and grants the right to this designated area to the Patriarchy of Georgia or a State institution.
3. Forest use and public access may be prohibited in a designated area of the State Forest Fund if it is incompatible with the purpose of setting this designated area.
4. Forestry activities in a designated area are managed by a relevant authorized entity defined in Articles 15 or 16 of this Code in accordance with Georgian legislation and Paragraph 5 of this Article.
5. Using a designated area of the State Forest Fund by a body holding the right to this area is allowed only for carrying out activities compatible with the purpose of setting this designated area or aimed at restoring and protecting the State Forest Fund.